HOUSTON - A supermarket chain is blamed for the murder of an employee who caught thieves trying to steal a golf cart.
Sophia Sun, as representative of the Estate of Joseph Sun, filed suit on Dec. 12 in Harris County District Court, seeking more than $1 million from 99 Ranch Market, also know as Tawa Supermarket.
Shoplifting had become a problem at the 99 Ranch Market at which Joseph Sun worked, the suit says. The company caters to Asian communities and has 54 stores in 10 states, it adds.
"To deter future petty crime on its premises, Defendant's management instructed employees, including Sun, to carry pepper spray and spray alleged criminals," the suit says.
But that plan placed Sun in danger, it is alleged, especially on Oct. 1. Two men were attempting to steal a golf cart, which led Sun to try to intervene.
"At management's instruction Sun attempted to stop the assailants," the suit says. "Joseph Sun confronted the two men and (a) struggle ensued, and Joseph Sun was shot in the parking lot."
An online fundraiser hopes to raise money for the family of Sun, as does the lawsuit. It charges 99 Ranch Market with negligence and gross negligence by failing to provide a safe working environment for Sun.
"Defendant implemented and enforced a policy to pepper spray assailants knowing the dangers of crime on the premises," the suit says.
"The forgoing actions and inactions of Defendant... were of such a character as to constitute a pattern or practice of intentional wrongful conduct or malice resulting in the damages sustained by Plaintiff."
The pepper spray policy showed a "conscious indifference" to the rights and safety of Sun, the suit says. The plaintiff seeks punitive damages.
The damages complained of include a loss of earnings, Sun's physical pain and mental anguish, loss of companionship and society and funeral expenses.
Sean Patrick Tracey of Tracey Fox & Walters represents the plaintiff. The firm's website shows several multimillion-dollar results in wrongful death cases.